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Summary:
The European Securities and Markets Authority (ESMA) has published a Consultation Paper on Technical Advice to the European Commission on the CSDR penalty mechanism. The consultation aims to collect evidence and data on the effectiveness of the current penalty mechanism in discouraging settlement fails and incentivizing their rapid resolution. ESMA seeks feedback on alternative parameters, treatment of historical reference data, and alternative methods for calculating cash penalties. The public consultation is open until 29 February 2024, and the feedback will inform ESMA's Technical Advice, which is expected to be sent to the European Commission by the end of September 2024.
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